218.—(1) The National Health Service (Liabilities to Third Parties Scheme) (England) Regulations 2018(1) are amended as follows.
(2) In regulation 5, at the beginning insert—
“(A1) Every integrated care board is a member of the Scheme from the beginning of 1st July 2022 (subject to any cancellation of the membership under regulation 6 (cancellation by a member) or 7 (cancellation by the Secretary of State)).”.
(3) After regulation 21 insert—
22.—(1) A claim for a liability of a CCG that was made and not determined or paid before 1st July 2022 continues as a claim of the relevant integrated care board.
(2) A liability of a CCG that arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by the relevant integrated care board.
(3) A claim for a liability of NHS TDA which was made and not determined or paid before 1st July 2022 continues as a claim of NHS England.
(4) A liability of NHS TDA which arose and was not claimed before 1st July 2022 may be the subject of a claim on or after that date by NHS England.
(5) A liability of Monitor which—
(a)arose before 1st July 2022, and
(b)is a liability of the kind which may be claimed by a member under the Scheme,
may be claimed on or after that date by NHS England.
(6) In this Regulation—
“a CCG” means a body corporate which, immediately before 1st July 2022, was established in accordance with Chapter A2 of Part 2 of the 2006 Act;
“claim” means a claim under the Scheme;
“liability” means a liability to which the Scheme applies;
“Monitor” means the body corporate which, immediately before 1st July 2022, was known as Monitor in accordance with section 61 of the Health and Social Care Act 2012;
“NHS TDA” means the Special Health Authority which, immediately before 1st July 2022, was established in accordance with article 2 of the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012;
“relevant integrated care board” means the integrated care board to whom the liability was transferred under section 14Z28 of the 2006 Act.”.